Brown V. EMA: Too Good To Be True For Video Games?

Law360, New York (August 8, 2011, 1:46 PM EDT) -- In a case that produced a majority opinion, a concurring opinion and two separate dissenting opinions, Brown v. Entertainment Merchants Association, 564 U.S. ___ (2011) (slip op.), found the justices, as well as the parties, in agreement on one important issue: Video games, as a distinctive medium for the expression of ideas, fall within the ambit of the First Amendment “freedom of speech” clause.

However, from that point the justices staked out distinct positions that reveal a more divided U.S. Supreme Court than the 7-2 outcome...